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Field sobriety tests have long been used as a means of determining sobriety, but they are neither scientific nor objective. They do not chemically measure blood, urine or breath. Rather, field sobriety tests attempt to measure physical coordination as a means of determining the likelihood of chemical impairment. What these tests fail to account for is natural discrepancies in dexterity and balance. Whereas some individuals have the physical ability to pass a field sobriety test while legally intoxicated, others cannot pass them while sober — particularly under the heightened stress of a traffic stop.
Though field sobriety tests are typically administered by law enforcement officers, submitting to such tests is entirely voluntary — even if the administering officer fails to disclose as much. If you are pulled over on suspicion of DUI, it is almost always in your best interest to decline participation in any and all field sobriety tests. Refusal to participate cannot be used as incrimination against you nor does it authorize arrest.
The most common field sobriety tests include, but are not limited to:
It’s important to remember that field sobriety tests are not administered as pass or fail tests. “Passing” a field sobriety test does not clear you, though failing the test will certainly be used against you. Whether you failed a field sobriety test or refused participation, it’s imperative to quickly secure the representation of our Flagstaff DUI attorneys.
At Rosenstein Law Group, we know Arizona DUI law inside and out. We know what is admissible and what is not. Whatever the circumstances surrounding your DUI arrest are, we will work to protect your interests.
Call us to schedule a free case evaluation in person or over the phone. We represent clients throughout Arizona from offices in Scottsdale, Phoenix, Mesa, Tempe and Gilbert.